Reitenbaugh v. Chester Valley Railroad Company

• Citation: 21 Pa. 100
• Parties: Reitenbaugh versus The Chester Valley Railroad Company.
• Decision Date: 01 May 1853
• Court: United States State Supreme Court of Pennsylvania

21 Pa. 100

Reitenbaugh versus The Chester Valley Railroad Company.

Supreme Court of Pennsylvania.

CERTIORARI to the Common Pleas of Chester county.

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The case was argued by Bell and Lewis, for plaintiffs in error.

Smith and Hickman, contra.

The opinion of the Court was delivered by WOODWARD, J.

When a railroad company is about to appropriate the property of individuals, they are required by the Act of Assembly of 19th February, 1849, entitled "An Act regulating Railroad Companies," to apply to the owner of the property wanted, and endeavor to agree with him on the compensation, unless the owner be absent or legally incapacitated. Nor have they a right to petition the Court for viewers until such effort has been made; and when they do petition, they should set forth the names of the owners whose property is desired, the fact that they cannot agree on the compensation, or that the owner is absent or legally incapacitated to contract, and verify their statements by the affidavit of some person having knowledge of the facts.

The Act does not require the Court to summon the owners to answer the petition, but considering that the selection of viewers is a most important step in the proceedings, and that one party is in Court, it would be a good practice to bring in the other, or at least to give him notice before viewers are appointed. And where the owner is absent, which means beyond the reach of process, or is under age, insane, feme covert, or otherwise legally incapacitated to contract, it is indispensable that the Court should make such appointments of guardians, and such decrees and orders concerning notice, as may be necessary to protect the interests to be affected. And that the Court may know the condition of the parties interested, and what orders the occasion requires, their names should be disclosed in the petition for the view.

When the view is awarded, the Court are to appoint a time not less than twenty nor more than thirty days thereafter, for said viewers to meet at or upon the premises where the damages are alleged to be sustained, of which time and place ten days' notice shall be given by the petitioner to the said viewers, and the other party. This contemplates a notice to each owner of the time and place of meeting on his premises. A railroad company that obtains a view without disclosing the name of a single owner, and then gives a whole neighborhood notice of a day for commencing the examination, and adjourns the view from time to time, has not complied with the requirements of the statute. The notice should inform the owner when the viewers are to be on his premises, not when they are to commence traversing the route of the railroad, and leave him to watch their arrival. And that the Court may see that parties have had the requisite notice, the evidence of it should be filed with the viewers, and returned with their report. There can be no objection to the same day being appointed for different owners, nor to adjournments from day to day, if each owner has the notice prescribed by the statute of the time when his premises are to be viewed.

Then as to the matter of the report, the statute requires that the viewers shall estimate and determine the quantity,...